Transgender Marriage Rights in Texas

By Victoria Stoklasa

From the author of SIGN IT INTO LAW and TO DIVIDE AND NOT CONQUER comes a previously unpublished essay considering the politics behind one of the most threatened civil rights in Texas. How long will the right for transgender people to marry last? Victoria Stoklasa presents three reasons why it might not last for very long.

• Language: English
• Publisher: Victoria Stoklasa
• Release date: Jul 21, 2013
• ISBN: 9781301780433

Victoria Stoklasa

Victoria Stoklasa earned a Master of Arts in Political Science with an emphasis in Public Policy from American Public University in 2012. Her thesis, “Improving Missouri’s Petition Initiative Process”, was abridged and published as the guest column “Missouri’s Flawed Initiative Process” in the Independence Examiner. Victoria’s political work includes serving as a board member for the City of Independence Citizens with Disabilities Advisory Board. She worked with Missouri Governor Jay Nixon’s successful re-election campaign in 2012 as staging location director for the Jackson County Democrats office. In 2010, she and several other Missourians circulated the petition for Constitutional Amendment to Article X, Relating to State, County, and Municipal Taxes; the petition passed by popular vote. Victoria lives with her loving mate, Thaddeus Stoklasa. To learn more about Victoria, visit www.victoriastoklasa.com.

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INTRODUCTION

In recent years, the legality of same-sex marriage has been a hotly debated topic for many states. Currently, six states legally allow same-sex marriage, with seven others recognizing broad domestic partnership and civil unions (States, fig. 1). Another topic that is tied to this is the ability for transgendered persons to legally marry. This topic raises questions such as to whether or not a transgendered person marrying someone of their birth sex would be entering a same-sex marriage. Would allowing this type of union be in opposition of the marriage defense acts in many states? In Texas, the answer may be yes.

Texas became one of the last states to allow transgendered people to use proof of their sex change to get a marriage license in 2009 (Vertuno 2011, para. 1). Earlier this year, a mere two years after the new law was put into place, lawmakers created a proposal to bar transgendered people from marrying—a